Bridging gaps through waqf: balancing offender rehabilitation and victim compensation in the criminal justice of Malaysia

Hussin, Nasimah and Che Kamaruddin, Kalam Sadiq (2025) Bridging gaps through waqf: balancing offender rehabilitation and victim compensation in the criminal justice of Malaysia. In: 13th Global Waqf Conference 2025 (GWC 2025), 25th-27th November 2025, Rabat, Morocco.

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Abstract

In the Malaysian criminal justice system, criminal cases are regarded as matters of national security, resulting in the State assuming primary responsibility for prosecution and adjudication, rather than directly representing the interests of the aggrieved victim. Consequently, the victim is generally excluded from actively participating in the determination or pursuit of their individual rights. Within this framework, when attempts are made to balance the rights of offenders against those of victims in administering justice, a discernible imbalance often emerges, with the scales tipping more favorably toward the offender than the victim. This raises a pressing question: what mechanisms are in place to ensure victims who endure physical pain, emotional trauma, loss of income, and medical expenses, as well as those who suffer material losses such as damage to their vehicles, receive adequate reparation?A major practical challenge arises in enforcing this accountability, especially when offenders are incarcerated and unable to generate income to financially rectify the damages caused. This is where the institution of waqf emerges as a transformative mechanism within the criminal justice system. In the Malaysian context, the application of waqf has traditionally centered on sectors such as education, healthcare, infrastructure, and social welfare. However, its potential remains largely untapped in the scope of criminal justice, where it could play an important role in advancing restorative justice, facilitating victim compensation, and supporting the effective rehabilitation of offenders. This paper aims to examine the practical applications and jurisprudential foundations of utilizing waqf as a tool in balancing the rights of offenders and victims within the Malaysian criminal justice system. This paper adopts a doctrinal research methodology, focusing on the critical analysis of legal provisions governing the application of waqf from both Malaysian statutory law and Islamic legal perspectives. From the findings of this study, it is concluded that by mobilizing waqf funds, a broad range of rehabilitative and restorative initiatives can be supported, including vocational training, transitional housing, psychological counseling, and victim support programs. These initiatives empower offenders to make meaningful restitution, facilitate their reintegration into society, and simultaneously ensure victims receive due redress.

Item Type:	Proceeding Paper (Plenary Papers)
Uncontrolled Keywords:	Malaysian Criminal Justice, Islamic Law, Waqf, Offender Rehabilitation, Victim Compensation
Subjects:	K Law > K5000 Criminal Law K Law > K623 Civil Law K Law > KBP Islamic Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws Ahmad Ibrahim Kulliyyah of Laws > Department of Islamic Law
Depositing User:	Nasimah Hussin
Date Deposited:	15 Dec 2025 12:46
Last Modified:	15 Dec 2025 12:46
Queue Number:	2025-12-Q1022
URI:	http://irep.iium.edu.my/id/eprint/125900

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